Legal Opinion

Van Zandt v. Winters

Superior Court of Pennsylvania

Decided January 20, 1903No. Appeal, No. 108PublishedCited by 2 opinions

Appeal, No. 108, Oct. T., 1902, by-defendants, from order of C. P. No. 1, Phila. Co., Dec. T., 1901, No. 3962, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Harry M. Van Zandt and W. Cordes Snyder v. Harry O. Winters, Zachariah K. Loucks, William F. Ramsay and John C. Mosser. Assumpsit for services. Rule for judgment for want of a sufficient affidavit of defense.

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Appeal, No. 108, Oct. T., 1902, by-defendants, from order of C. P. No. 1, Phila. Co., Dec. T., 1901, No. 3962, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Harry M. Van Zandt and W. Cordes Snyder v. Harry O. Winters, Zachariah K. Loucks, William F. Ramsay and John C. Mosser. Assumpsit for services. Rule for judgment for want of a sufficient affidavit of defense. The claim was based partly on a written contract and partly for services and expenses in addition to those specified in the writing. The written agreement was as follows: “This agreement…

1Opinion of the Court

Opinion by

Beaver, J.,

Plaintiffs brought their action in assumpsit against four joint debtors for certain sums alleged to be due under the terms of a written agreement and certain other sums for expenses authorized by parol. Three of the defendants were served and as to the fourth there was a return of “ nihil habet.” As to one of the defendants no affidavit of defense was filed. The remaining two filed separate affidavits of defense. Judgments were taken against the three upon whom service was had upon the same day, for the same amount, against the one for want of an affidavit of defense, and…

2Cases cited3 opinions

  1. O'Neal v. O'NealSupreme Court of Pennsylvania · 1842
  2. Murtland v. FloydSupreme Court of Pennsylvania · 1893
  3. Moore v. HepburnSupreme Court of Pennsylvania · 1847

3Cited by2 opinions

  1. Bailey v. City of New Castle, Pennsylvania Court of Common Pleas, Lawrence County1937
  2. Kidney v. BeemerSuperior Court of Pennsylvania · 1905

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